Suspended Jefferson County District Attorney Charles Todd Henderson has pleaded not guilty to the perjury charge that has prevented him from taking office.

One of Henderson's attorneys on Tuesday afternoon filed the not-guilty plea in the case. Henderson also waived the right to have an arraignment hearing on the charge in that same court document.

At the same time, Henderson's attorneys also filed a motion to dismiss the indictment charging him with perjury. "The indictment is legally insufficient because it is unconstitutionally vague," the motion filed by attorney Clayton R. Tartt, one of the attorneys representing Henderson.

The Jan. 13 indictment by the special grand jury, impaneled by Assistant Alabama Attorney General Matt Hart, alleges that Henderson "did, in an official proceeding, to wit: a September 20, 2016, hearing ... swear falsely and such false statement was material to the proceeding in which they were made."

But Henderson's attorneys say the indictment does not specify the exact questions and responses Henderson gave that prompted the perjury charge. Alabama law and previous court rulings state that an indictment must specify the alleged conduct so the defendant can prepare a defense if one is available, the motion states.

"Failing to specifically detail what statement is false in a perjury indictment is akin to not naming a victim in a murder indictment or what was stolen in a theft indictment," according to the motion. "Allowing this case to proceed under the current indictment would result in nothing short of trial by ambush."

Henderson's attorneys compared Henderson's indictment with that of another perjury indictment obtained by the Attorney General's Office and same prosecutor a little more than two years ago. The indictment in State v. Moore, included exerts of the grand jury transcript with multiple questions and answers, the motion states.

"Not only did the state (Attorney General's Office) detail which statements were believed to be false but it also placed them in underlined bold print," Henderson's motion states.

Also, by not stating the details in the indictment, if Henderson were to be acquitted at trial in the case, "there would be nothing stopping the prosecution from obtaining another indictment for perjury from the same proceeding," Henderson's attorney claims.

Henderson's attorneys also previously filed a motion asserting his constitutional right to a speedy trial. "Henderson understands that Alabama law does not define exactly what a speedy trial means," according to that motion.

A motion also was filed by Henderson's attorneys seeking copies all information, including any recordings or other evidence prosecutors may have in their possession related to the case.

Henderson was prevented from taking office Jan. 17 as the next Jefferson County district attorney because of the indictment four days earlier.

Henderson's attorneys have said the charge is false and politically motivated. Henderson also has denied the charge.

Henderson, a Democrat, defeated long-time Jefferson County District Attorney Brandon Falls, a Republican, during the November general election.

The indictment charging Henderson with first-degree perjury states that at a Sept. 26 hearing before Circuit Judge Patricia Stephens in the divorce case of Charbel Akl v. Yareima Carmen Valecillos Akl that Henderson did "swear falsely and such false statement was material to the proceeding in which they were made."

Court records show Henderson had been appointed guardian ad litem in that divorce case in January 2016 to represent the interests of the couple's child. But in May he was removed as GAL after allegations that he was biased against the father and the mother was working on Henderson's campaign.

Then at a trial in September in the divorce case Henderson testified and evidence surfaced that he and the mother were in a romantic relationship, according to court records. It's not clear exactly the question or questions to which Henderson allegedly lied and so far transcripts of the testimony have not been publicly available.

Henderson was asked questions about his relationship with the wife in the divorce that were "fuzzy" at best and he gave the appropriate answers, James Parkman, another of the attorneys representing Henderson, said.

Parkman said that the man and woman - the Akls - in the divorce case had separated in 2014. In May of 2015 the husband filed for divorce. In August of 2015 Henderson met Ms. Akl and she requested and began working on his campaign, he said.

"There was no relationship other than campaign work that existed until the end of July 2016 after he was removed as guardian ad litem in May of 2016," Parkman said.

Henderson and Ms. Akl "hooked up" months after he was relieved of his guardian ad litem duties, Parkman said.

A complaint was made to the Birmingham Bar Association regarding his role as guardian ad litem and a possible conflict of interest - unrelated to the perjury charge, Parkman said. That complaint was forwarded to the Alabama State Bar and the attorneys haven't been told the status of that complaint, he said.

The Alabama and Birmingham bar associations have declined comment about a possible investigation of Henderson.

But if the state bar were to continue a parallel investigation, it could disbar Henderson from the practice of law and also prevent him from taking office.

Danny Carr, the longtime deputy district attorney who Henderson had tapped as his chief deputy, was sworn in to be district attorney pro-tem while the charges are pending against Henderson. Carr's chief assistant is now Deputy Jefferson County District Attorney Joe Roberts.